Any written or printed statement which falsely charges another with the commission of a crime is libelous per se. See 53 C.J.S. Libel and Slander § 38. In the District of Columbia, in order to be actionable as libel per se, the contents of a defamatory publication must

" 'impute . . . the commission of some criminal offense for which [the Plaintiff] may be indicted and punished, if the charge involves moral turpitude and is such as will injuriously affect [the Plaintiff's] social standing', or, . . . the question is whether, from the language attributed to defendant, there is something from which commission of a crime can be inferred."

Plaintiff in this case has been "accused of child neglect", or more specifically, of "failing to provide for her sixteen-year-old pregnant daughter." See Plaintiff's Amended Complaint at 2-3, para. 9; Plaintiff's Opposition to Motion to Dismiss Count One at 2. In the District of Columbia, child neglect constitutes a civil statutory infraction, governed by D.C.Code § 16-2301 et. seq. (1981). Child neglect is not a criminal offense in the District of Columbia, and libel per se requires the false imputation of a crime. Farnum v. Colbert, supra. Both Plaintiff and Defendants concede this point. See Plaintiff's Opposition to Motion to Dismiss Count One at 1; Defendants' Memorandum of Law in Support of Motion to Dismiss Count One at 2. The issue, therefore, is whether the Defendants' accusation of child neglect can, nevertheless, constitute libel per se.

Plaintiff argues that the "actions of the Defendants in imputing the statutory infraction of child neglect to Plaintiff is analogous to imputation of a crime . . . ." Plaintiff's Amended Complaint at 4, para. 14. In support of her argument, Plaintiff emphasizes the various penalties that accompany a violation of child neglect. For instance, the allegation of neglect can lead to the issuance of a summons and petition to appear before a judge. In addition, if a person is found to have violated the child neglect statute, he or she may risk having the child temporarily taken out of his or her custody, and may be subject to orders of the court system and the Department of Human Services. See Plaintiff's Opposition to Motion to Dismiss Count One at 3. Plaintiff concludes that these penalties can be analogized to punishment, and that "moral turpitude can certainly be inferred from an accusation of child neglect." Plaintiff's Opposition to Motion to Dismiss Count One at 3. Accordingly, Plaintiff claims that an accusation of child neglect is analogous to an accusation of a crime, and therefore should be treated as libel per se. Id.

Similarly, Plaintiff's argument that the penalties resulting from a child neglect charge are analogous to the punishment afforded to criminal violators does not convince this Court to treat her action as a libel per se. In fact, the neglect statute does not provide for indictment or criminal punishment such as fines or imprisonment. Farnum v. Colbert, supra, requires that such punishment measures be at issue. Furthermore, because the statutory scheme for child neglect involves at most a temporary suspension of parental rights, due process only requires that a finding of neglect be based on a preponderance of evidence. See In the Matter of N.H., 569 A.2d 1179 (D.C. 1990) (rejecting claim that the Constitution requires the clear and convincing evidence standard in neglect cases). Criminal proceedings, on the other hand, require proof of guilt beyond a reasonable doubt. It follows that the statutory infraction of child neglect cannot accurately be described as analogous to a crime.

There are distinct differences between an action in libel and an action in libel per se. A defamatory publication need only be injurious to the reputation of another to constitute libel, while libel per se requires an actual imputation of a criminal offense. See Smith v. District of Columbia, 399 A.2d 213 (D.C. 1979); 53 C.J.S. Libel and Slander §§ 2 and 38. In addition, the necessary allegations of general and specific damages differs in each action. See Curtis Publishing Co. v. Vaughan , 107 App. D.C. 343, 278 F.2d 23 (D.C. Cir. 1960); 53 C.J.S. Libel and Slander §§ 145-147. It is precisely because the law draws distinctions between libel and libel per se actions that the Court should not liberally permit a Plaintiff assert a libel per se claim.

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